10.2 Internal Investigations

Question 1

Progressive discipline consists of what actions?

Answer 1

1) Preventative Actions

2) Corrective Actions

3) Adverse Actions

Question 2

Investigations of allegations shall be done in a ________, _________ and ________ manner.

Answer 2

Thorough, objective and timely

Question 3

Rights of Departmental personnel are outlined where?

Answer 3

Public Safety Officers Procedural Bill of Rights (POBR)

Government Code section 3300

Question 4

When alleged misconduct is discovered, supervisors and managers have how long to notify the next level in chain of command?

Answer 4

As soon as PRACTICAL or IMMEDIATELY for allegations egregious in nature.

Question 5

Identify the four possible conclusions to an administrative investigation

Answer 5

1) Adverse action

2) Rejection during probation

3) Miscellaneous investigation

4) Non-punitive separation

Question 6

Identify the elements of a non-punitive termination

Answer 6

Actions resulting in involuntary separation, but not as a byproduct of a disciplinary measure.

i.e. Absence without leave, failure to meet minimum qualifications and medical disqualification

Question 7

An office technician is arrested for being drunk in public on vacation in Florida. Is he/she subject to being investigated for an allegation of misconduct?

Answer 7

NO.

Due to the fact that all criminal acts by non-uniformed employees must rise to the level of a felony or a crime of moral turpitude.

Question 8

An off-duty, ‘known’ uniformed employee hurls racial slurs at individuals in his neighborhood. Is he subject to being investigated for allegations of misconduct?

Answer 8

YES.

Because the misconduct is of a nature that it could bring discredit to the Department.

Question 9

A written admonishment advising an employee that misconduct for which they are being counseled may be charged in a future adverse action…

Answer 9

Bazemore

Question 10

Document on which the Bazemore admonishin SHALL be written…

Answer 10

Memorandum of Direction (MOD)

Question 11

An official inquiry, utilizing departmental investigative resources into alleged misconduct by departmental employees…

Answer 11

Internal Investigation

Question 12

True or False

All administrative interrogations shall be audio recorded

Answer 12

TRUE

Question 13

Can a Memorandum of Correction contain the Bazemore admonition?

Answer 13

Yes

It should not, but CAN appear at commander’s discretion.

Question 14

A disciplinary legal action taken in response to an employee’s misconduct or continued failure to meet the rules of conduct established by law and/or departmental policy…

Answer 14

Adverse Action

Question 15

True or False

The assigned primary investigator shall be at least one rank higher than the highest ranking involved employee.

Answer 15

TRUE.

HOWEVER, the Division Commander or appropriate Assistant Commissioner can designate investigators that do not fit this criteria.

Question 16

True or False

A Departmental employee who is unrelated to an outside agency ongoing investigation is obligated to inform the department of such investigation.

Answer 16

TRUE.

Question 17

Progressive discipline is intended to _______ an employee’s behavior and should _______ and _______ the employee to act and perform in accordance with established standards of conduct.

Answer 17

Modify

Instruct

Train

Question 18

In what code can you find POBR?

Answer 18

Government Code. Sections 3300-3312

Question 19

True or False – A peace officer shall be prohibited from serving as a member of the governing board of a school district.

Answer 19

False

Question 20

At what time shall an interrogation take place?

Answer 20

Preferably on-duty or during normal waking hours, unless the seriousness of the investigation requires otherwise.

Question 21

The employee under investigation shall be informed of what prior to interrogation?

Answer 21

Rank, name and command of officer in charge of interrogation, the interrogating officer and all other persons present. All questions asked by and through no more than two interrogators at one time.

Question 22

Can a public safety officer be ordered to cooperate with other agencies involved in a criminal investigation?

Answer 22

Yes. Failure to cooperate may lead to a charge of insubordination.

Question 23

How many days does an employee have to file a written response to any adverse comment entered in his personnel file?

Answer 23

30 days

Question 24

Generally, no officer is required to disclose any financial records. What are the exceptions?

Answer 24

If such information is obtained or required under proper legal procedure or law. Can be done if an employee is applying for a specialized unit where there is a strong possibility of bribes or other improper inducements.

Question 25

When can a locker or other space of an employee be searched?

Answer 25

1. In his presence 2. Consent 3. Search Warrant 4. Has been notified

Question 26

If it is shown that an agency has “maliciously violated” the employees POBR rights “with the intent to injure the public safety officer” a civil penalty of up to $ _______ plus attorney fees can be assessed.

Answer 26

$25,000

Question 27

Who has final approval and authority for all adverse actions is the Commisioner. In most cases he will delegate the final level of review as follows:

Answer 27

Divisions: Written reprimand to 5 days ACF: 6-20 Days, removal from specialty positions ACS: 6-20 days for HQ personnel and rejection during probation for cadets Comm/Dep. Comm: 20+days and dismissals, demotions, rejection during probation for non-cadets

Question 28

Who is authorized to initiate and adverse action?

Answer 28

Commander or designee

Question 29

An adverse actions is ______(defined)?

Answer 29

Dismissal Demotion Suspension Other disciplinary Action Not a CHP 2, MOD or counseling

Question 30

Who can initiate rejection during probation on an employee?

Answer 30

Commander or designee

Question 31

Without an extension, the internal investigation should be completed and forwarded to OIA within ___ days?

Answer 31

60 calendar days

Question 32

If the commander feels a polygraph would be desirable during an investigation. He / she may submit a request. Who can approve the request?

Answer 32

Commissioner No adverse comment can be made anywhere in the file if the employee refuses.

Question 33

If an interrogation is to take place and the employee refuses to waive his Miranda Rights, can an admin. Interrogation immediately take place?

Answer 33

It should not be conducted until approval is obtained from prosecutor.

Question 34

Can an employee be ordered to be interviewed by an outside agency for a civil rights violation (witness or suspect)?

Answer 34

No. The decision to be interviewed is at the sole discretion of the employee. If done during state time a supervisor will be present.

Question 35

What is a Miscellaneous Investigation?

Answer 35

Internal investigations which do not result in a recommendation for adverse action or rejection during probation.

Question 36

After approval, can an employee obtain a copy of the investigative file? If so, what is required?

Answer 36

Yes. A memo shall be attached admonishing the employee of confidentiality

Question 37

How long should a copy of the investigative file be retained in the areas?

Answer 37

5 years unless employee resigns, 3 years in personnel file.